[2011] KEHC 1985 (KLR)
The court determined that the dispute at hand was purely a landlord-tenant matter, lacking any commercial or corporate securities element that would justify its hearing in the Commercial Division. The judge found that the appropriate forum for such disputes is the Land and Environmental Law Division, which is better...
Source-derived case information.
- Citation
- [2011] KEHC 1985 (KLR)
- Parties
- Plaintiff: Lilian Njeri t/a Belin Mobile Accessories; Defendant: Margaret Ruguru Macharia; Respondent: Purity Mwihaki Macharia; Defendant: Githui Macharia
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 700 of 2009
- Procedural Posture
- Civil Case / Ruling on Division Jurisdiction
- Outcome
- Transferred to Land and Environmental Law Division for appropriate action.
- Judges
- CM Njagi
- Legal Topics
- Landlord Tenant Dispute, Jurisdiction, Transfer of Suit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lilian Njeri t/a Belin Mobile Accessories
Plaintiff
Margaret Ruguru Macharia
Defendant
Purity Mwihaki Macharia
Respondent
Githui Macharia
Defendant
Procedural Posture
Civil Case / Ruling on Division Jurisdiction
Legal Issues
- 1 Whether the Commercial Division of the High Court has jurisdiction over a landlord-tenant dispute.
- 2 Whether the matter should be transferred to the Land and Environmental Law Division.
Ratio Decidendi
The court determined that the dispute at hand was purely a landlord-tenant matter, lacking any commercial or corporate securities element that would justify its hearing in the Commercial Division. The judge found that the appropriate forum for such disputes is the Land and Environmental Law Division, which is better equipped to handle matters of this nature. Consequently, the court ordered the transfer of the file to the Presiding Judge of the Land and Environmental Law Division for further action, emphasizing the importance of proper jurisdictional allocation for efficient and effective administration of justice.
Court Disposition
Transferred to Land and Environmental Law Division for appropriate action.
Orders
- The file is to be placed before the Presiding Judge of the Land and Environmental Law Division for appropriate action.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
COMMERCIAL & TAX DIVISION – MILIMANI
CIVIL CASE NO. 700 OF 2009
LILIAN NJERI t/aBELIN MOBILE ACCESSORIES..............................................................PLAINTIFF
VERSUS
MARGARET RUGURU MACHARIA............................................................................1ST DEFENDANT
PURITY MWIHAKI MACHARIA..............................................................................2ND RESPONDENT
GITHUI MACHARIA.....................................................................................................3RD DEFENDANT
RULING
By the time that this matter came for the highlighting of the skeleton submissions, I had some misgivings about its place in the Commercial Division of this court. In the course of the highlighting, my worst fears were confirmed when it came out clearly that the matter was exclusively one between a tenant and her landlord. There was absolutely not a drop of anything commercial on which to hang any thread of the action.
With a very heavy heart, I find that it would be more prudent if this matter is handled, not in the Commercial Division, but in the Land and Environmental Law Division of this court where it is more likely to receive the best treatment as opposed to this Division which normally specializes in corporate securities.
In the circumstances, I direct that this file be placed before the Presiding judge of the Land and Environmental Law Division of this court for appropriate action.
Orders accordingly.
DATED and DELIVERED at NAIROBI this 30th day of June, 2011
L NJAGI
JUDGE